Jan Heiner Nedden

Jan Heiner Nedden, M.M.

Rechtsanwalt

Managing Partner

About Jan Heiner Nedden

Jan Heiner Nedden primarily acts as arbitrator and as counsel in national and international arbitration proceedings. He also acts as member of Dispute Adjudication Boards (DAB) and as a mediator. Moreover, Heiner has been engaged as an appointed expert on German law in proceedings before foreign courts, including US courts, in several instances.

In addition to the numerous cases in which Heiner has acted as counsel or arbitration co-counsel, his track record as an arbitrator includes more than 70 proceedings conducted under the arbitration rules of the ICC, DIS, VIAC, SCC, WIPO, the Voldgiftsinstituttet (Danish Institute of Arbitration) as well as ad hoc proceedings.

Heiner’s expertise has been recognized in various international rankings.

Before joining HANEFELD, Heiner worked for seven years as Deputy Counsel/Counsel in charge of the case management of over a thousand arbitrations at the Secretariat of the ICC International Court of Arbitration in Paris.

Heiner is co-editor of the article-by-article Standard Practice Commentary on the ICC and DIS Rules. He has taught domestic and international arbitration law at the University of Hamburg, the Summer Academy on International Dispute Resolution at the University of Heidelberg and the Swiss Arbitration Academy in Zurich/Geneva.

Heiner speaks German, English and French.

Contact

Recognitions

Instruments

Arbitration Litigation Alternative Dispute Resolution Expert Advice

Areas of practice

Commercial & Trade Law Construction & Engineering Post-M&A & Corporate Law Infrastructure and transport Energy Distribution International Private & Civil Procedure Law

Experience

  • More than 90 cases as arbitrator, including cases involving States or State-related entities
  • Presiding Arbitrator: 26 arbitrations (ICC, DIS, SCC, Voldgiftsinstituttet, ad hoc)
  • Co-Arbitrator: 44 arbitrations (ICC, DIS, Voldgiftsinstituttet, ad hoc)
  • Sole Arbitrator: 14 arbitrations, incl. emergency arb. (ICC, SCC, VIAC, WIPO)

  • Party representation in numerous domestic and international arbitral proceedings, including complex, multi-jurisdictional cases with claims in the (EUR) hundreds of millions

  • Legal expert on German law
  • Representation of German and foreign companies in enforcement proceedings

  • Case management of approximately 1,000 ICC arbitration proceedings and scrutiny of approximately 500 ICC awards. Has dealt with almost all possible procedural constellations and situations, many different subject matters and jurisdictions as well as a range of industrial sectors
  • Consultant with the International Centre for Expertise of the ICC for ICANN (Internet Corporation for Assigned Names and Numbers) Expert Determination proceedings under the New gTLD Dispute Resolution Procedure/ICC Expertise Rules
  • Appointed to the WIPO List of Arbitrators
  • Appointed to the KLRCA Panel of Arbitrators, the Domain Name Dispute Resolution Panel as well as the Panel of Mediators
  • Appointed to the British Virgin Islands International Arbitration Centre (BVI IAC)

Languages and nationality

  • German
  • English
  • French

  • German

Curriculum vitae

  • Since 2011

    Lawyer with HANEFELD, Hamburg

  • 2004 - 2011

    Deputy Counsel/Counsel with the ICC International Court of Arbitration, Paris

  • 2003 - 2005

    Master of Mediation (M.M.), specialization in commercial and business mediation and mediation in the public sector, Fern-Universität Hagen

  • 2004

    Consultant with the EU Liaison Office of Bayer AG, Brussels

  • 2002 - 2004

    Legal traineeship (Referendariat) in Northrhine-Westphalia including work experience with Wenner Attorneys in Paris and the German Federation of Industry (BDI) in Brussels

  • 2001

    Summer Associate with Roland Berger Strategy Consultants, Berlin

  • 1996 - 1997

    Assistant to Prof. Paul Kirchhof, Chair for Public Law and Tax Law, University of Heidelberg

  • 1995 - 2001

    Studies of law at the universities of Kiel, Heidelberg, Ottawa (Canada) and Freiburg im Breisgau

  • 1994 - 1995

    Studium generale at the Leibniz Kolleg, Tübingen

Speeches

  • Considering Case Management Techniques That Work
    VIAC Webinar on Arbitration in Times of Covid-19 – Challenges and How to Tackle Them
    Vienna, Austria

  • Post-Truth and the Arbitration Conundrum
    Copenhagen Arbitration Day
    Copenhagen, Denmark

  • Expedited Proceedings in New Formats
    SCAI Innovation Conference
    Geneva, Switzerland

  • Viennese Waltz or Wrestling – How Arbitral Tribunals deliberate and take decisions
    DIS40 Rhein/Ruhr event
    Düsseldorf, Germany
  • Arbitral awards: A quality test
    Arbitration seminar hosted by Europa Institut, University of Zurich
    Zurich, Switzerland
  • Deliberations of the Arbitral Tribunal
    DIS Spring Conference
    Dresden, Germany

  • How to make your first arbitration not your last
    YAC seminar
    Copenhagen, Denmark
  • ICC Arbitration: From the Request for Arbitration to the Final Award
    ICC IWIS seminar
    Stuttgart, Germany
  • Commencing and Conducting Arbitration: Views from France, Germany, the US and the UK
    C5’s Forum on Transatlantic Litigation
    Amsterdam, Netherlands
  • Choice of the place of arbitration: London, Paris, Geneva or others?
    YAC seminar
    Copenhagen, Denmark
  • E-Discovery – practical experiences from an arbitrator’s point of view
    ICC YAF Arbitrators Forum
    Düsseldorf, Germany

  • The New UNCITRAL Transparency Rules: How the concept of transparency differs in investment and commercial arbitration
    New Developments in International Commercial Arbitration
    Neuchâtel, Switzerland
  • Arbitration clauses in contracts: pitfalls and best practices
    1st Northern German Arbitration Day
    Hamburg, Germany

  • Changing perspectives – from the arbitral institution to private practice
    DIS40 Panel Discussion
    Frankfurt, Germany
  • The decision making process in arbitral tribunals
    Hamburg Arbitration Circle
    Hamburg, Germany
  • Workshop on “Alternative means of resolving international commercial disputes, in particular arbitration”
    1st Saar-Anwalt-Tag
    Saarbrücken, Germany
  • Main features of the ICC Rules of Arbitration
    ICC IWIS Seminar
    Berlin, Germany
  • Invitation as an expert on arbitration law
    1st Heidelberg Colloquium on Investment Protection Law
    Heidelberg, Germany
  • The big unknown? The new ICC Rules of Arbitration in legal practice
    DAJV Expert Group’s Conference
    Frankfurt am Main, Germany
  • Possibilities and alternatives of dispute avoidance and dispute resolution in long-term contracts
    Workshop on “Dispute resolution in the context of public private partnership projects”
    Hamburg, Germany
  • Do’s and Don’ts when acting as an arbitrator
    ICC Denmark Conference
    Copenhagen, Denmark

  • Enforcement of arbitral awards – The New York Convention
    ICC PIDA Seminar
    Vienna, Austria
  • The New ICC Rules of Arbitration
    Danish Association of Arbitration
    Copenhagen, Denmark
  • How the ICC Court works
    ASA Seminar
    Zurich, Switzerland

  • Factors of success for arbitral seats and arbitrators
    Keynote at the Rechtsstandort Hamburg e.V. conference
    Hamburg, Germany
  • Pitfalls in drafting arbitral awards
    ICC Netherlands workshop
    The Hague, Netherlands
  • Saving time and costs in arbitration
    ICC IWIS seminar
    Berlin, Germany

  • Pitfalls in drafting Terms of Reference under the ICC Rules of Arbitration
    ICC Netherlands study visit
    Paris, France
  • Ensuring cost and time efficient conduct of arbitral proceedings
    DAJV Expert Group’s Conference
    Frankfurt am Main, Germany

  • The ICC Rules of Arbitration
    DIS fall conference
    Dresden, Germany
  • Conduct of an arbitration under the ICC Rules
    YAAP conference
    Vienna, Austria

  • Challenges of Arbitrators – An ICC Perspective
    IBA annual conference
    London, United Kingdom
  • Scrutiny of arbitral awards under the ICC Rules of Arbitration
    ICC Denmark seminar
    Copenhagen, Denmark

Publications

  • Practice commentary on the ICC and DIS Rules
    Verlag Dr. Otto Schmidt, 2nd ed. (eds, jointly with Axel Benjamin Herzberg and Ulrich Kopetzki)
  • The Exception in Theory, a Unicorn in Practice? Revisiting Security for Costs from a Practitioner’s Perspective
    Stockholm Arbitration Yearbook (jointly with Inga Witte)

  • Correction and Interpretation of Awards and Additional Awards
    Kluwer Arbitration Practice Plus (jointly with Dr. Maria Hauser-Morel)

  • § 20 Schiedsspruch
    Salger / Trittmann (eds.), Internationale Schiedsverfahren – Praxishandbuch (in German, jointly with Dr. Inka Hanefeld)

  • Arbitration in a Post-Truth-World: Perception v Reality
    IBA Dispute Resolution International 2018, pp. 165 et seq.

  • Chapter 10: Germany
    Jørgensen (ed.): Finding, Freezing and Attaching Assets

  • The Arbitral Tribunal’s Deliberations - potential conflicts and ways to avoid them
    SchiedsVZ 2015, p. 169 et seq.

  • Arbitral Tribunals in Germany and Western Europe (in German)
    Paschke / Graf / Olbrisch (eds.), Hamburger Handbuch des Exportrechts
  • Practice Commentary on ICC-SchO/DIS-SchO (eds., jointly with Axel Benjamin Herzberg)

  • The New UNCITRAL Transparency Rules: How the Trend towards Transparency differs in Investment and Commercial Arbitration
    Müller / Rigozzi (eds.), New Developments in International Commercial Arbitration 2013

  • Use of Technology by a Major International Arbitration Organization – ICC (jointly with Laurence Marquis)
    Grigera Naón / Mason (eds.), International Commercial Arbitration Practice: 21st Century Perspectives

  • Correction and interpretation of arbitral awards and additional awards
    Tercier (ed.), Post Award Issues, ASA Special Series No. 38
  • Use of Technology by a Major International Arbitration Organization – ICC (jointly with Laurence Marquis)
    Grigera Naón / Mason (eds.), International Commercial Arbitration Practice: 21st Century Perspectives

  • Work in Good Progress at the ICC International Court of Arbitration and its Secretariat
    Arbitration News, Newsletter of the International Bar Association Legal Practice Division

Academic appointments

  • Lectured at the University of Hamburg for domestic and international arbitration
  • Lectured at the Swiss Arbitration Academy, Zurich
  • Lectured at the Summer Academy on International Dispute Resolution of the University of Heidelberg

Memberships

  • Appointed member of the ICC Commission on Arbitration and ADR
  • Appointed member of the International Dispute Resolution Committees of the Voldgiftsinstituttet (Danish Institute of Arbitration)
  • Former appointed member of the ICC Commission's Task Force on "The Revision of the Rules of ICC as Appointing Authority in UNCITRAL or other Ad Hoc Arbitration Proceedings"
  • Former appointed member of the Consolidation Committee for the revision of the DIS arbitration rules
  • Member of the editorial board of the ICC Germany magazine
  • German Arbitration Institute (DIS)
  • Swiss Arbitration Association (ASA)
  • Danish Arbitration Association
  • Hamburg Arbitration Circle
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